SOUMIK ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction dated 31st August, 2017 and 1st September, 2017 respectively passed by the learned Additional Sessions Judge, 5th Court at Howrah in Sessions Trial Case No.24 of 2016 convicting the appellant under Section 354A/376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for one year for the offence under Section 354A of the Indian Penal Code and also to suffer rigorous imprisonment for seven years and to pay fine of Rs.5000/- in default to suffer a further rigorous imprisonment for six months for the offence under Section 376 of the Indian Penal Code.

(2.) The appellant has assailed the judgment and order of conviction and sentence passed by the trial court on the ground that the prosecution failed to produce the statement made before the police at the first instance immediately after the occurrence and the written statement of the defacto complainant which is treated by the police as FIR is not as FIR, but a statement made by her under Section 161 of the Code of Criminal Procedure and this being the position, the so-called FIR is hit by Section 162 of the Code of Criminal Procedure.

(3.) Secondly, there are infirmities in the evidence of the victim lady. Though the testimony of the prosecutrix could be acted upon and be the basis of conviction without being corroborated in material particulars, if her testimony is trustworthy and free from infirmities, there are infirmities in the oral evidence of the prosecutrix and therefore, it cannot be taken as the solitary foundation for the conviction of the appellant.